Torres v. State

WATSON, Justice.

Julian Torres brings error from a conviction of murder in the first degree and a resulting capital sentence.

The first matter complained of is the failure of the court to submit murder in the second degree.

The dead body of the deceased was found lying on a wagon loaded with wood, to which his team still stood hitched. Death was caused by a bullet entering the neck about one and a half inches below the lobe of the right ear, ranging slightly upward, severing the jugular vein and leaving the body “near the lower lobe of the left ear, a little bit behind.”

The state was compelled…